Case Details

Citation(s)
2013 SLG 1506 2013 SLD 1506 2013 SCMR 187
Supreme Court of Pakistan
Constitution Petition No.43 of 2009, decision dated: 22-03-2011. (Petition under Article 184(3) of the Constitution against molestation and humiliation of Eunuch and Restoration their Fundamental Rights)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. AND GHULAM RABBANI, J

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Dr. MUHAMMAD ASLAM KHAKI and anothers

VS

SENIOR SUPERINTENDENT OF POLICE (OPERATION), RAWALPINDI and others

Law:

Section:

Constitution of Pakistan----Arts. 9, 14, 24(1), 25 & 184(3)---Constitutional petition under Art.184(3) of the Constitution against molestation and humiliation of eunuchs and restoration of their fundamental rights---Fundamental rights of eunuchs--- Scope--- Duty of Federal and Provincial Governments---Scope---Fundamental rights of eunuchs were to be fully protected in terms of Art.184(3) of the Constitution---Eunuchs in their own right were citizens of Pakistan and subject to the Constitution and their rights, obligations, including right to life and dignity were equally protected---No discrimination for any reason was possible against eunuchs as far as their rights and obligations were concerned---Federal and Provincial Governments were equally responsible for recognizing rights of eunuchs and Government functionaries, both at Federal and Provincial levels, were bound to provide them protection of life and property and secure their dignity. Petitioner in person with Almas Bobi, President Shemale Rights of Pakistan. Mujtaba Haider Sherazi, D.A.-G., M.S. Khattak, Advocate-on-Record, Haroon Joyia, SP City Islamabad, Azhar Hussain Shah, DSP Legal and Sajid Abbas, Inspector Legal for Federation. Muhammad Azam Khattak, Additional A.-G. and Abdullah Baloch, Director (S.W.) for Government of Balochistan. Syed Arshad Hussain Shah, Additional, A.-G. for Government of Khyber Pakhtunkhwa. Ch. Khadim Hussain Qaiser, Additional A.-G., Qazi Zahoorul Haq, EDO (Edu.), Irshad Ahmad, S.O. (S&GAD), Muhammad Shahid Rana, D.O. (S.W.), Israr Ahmad Khan, SP, (Pothohar), Raja Akhtar, D.S.P. Taxila and Muhammad Yar, SHO Taxila for Government of Punjab. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---Petitioner in person states that Chairman and Deputy Chairman of NADRA in compliance with directions of this Court have shown significant progress to resolve the issue of recording parentage and sex of the eunuchs and deliberations in this behalf are under consideration. A report has also been received from NADRA. We do appreciate for making efforts to resolve the problems of eunuchs about their identity. Essentially it is an important issue and we are hopeful that the Chairman NADRA on…
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